G.R. No. 119311 October 7, 1998
People of the Philippines, plaintiff-appellee, vs. Romeo Dianos, accused-appellant.

FACTS

Accused-appellant Romeo Dianos was charged in five separate Informations for Murder (for the deaths of Teresita Ortiz and Ricardo Pablo), Frustrated Murder (against Lizette Ortiz), and Attempted Murder (against Zaldy Ortiz and Virgilio Ortiz). The incidents occurred on December 31, 1990, in Cypress Point Village, Baguio City. The prosecution evidence established that earlier that day, Dianos threw a hand grenade near the house of the Ortiz family, injuring Josie Ortiz Santos. That evening, Dianos, wearing military camouflage and armed with an M-16 armalite rifle, accompanied by three unidentified men in his passenger jeepney, approached the area. He struck Ricardo Pablo with the rifle butt and shot him. He then shot Virgilio Ortiz, fired indiscriminately at Zaldy Ortiz’s house (injuring Zaldy and his daughter Lizette), and fired at the terrace of a new house, killing Teresita Ortiz. Dianos fled in his jeepney. The police later spotted his vehicle near their substation, but he escaped after an exchange of gunfire. The accused proffered a defense of denial and alibi, claiming he was forced at gunpoint by unidentified men to drive his jeepney to the scene and witnessed the shooting by a “military man.”

ISSUE

The primary issue is whether the prosecution proved the guilt of accused-appellant Romeo Dianos beyond reasonable doubt for the crimes of Murder, Frustrated Murder, and Attempted Murder.

RULING

The Supreme Court affirmed the decision of the Regional Trial Court finding accused-appellant Romeo Dianos guilty beyond reasonable doubt. The Court found the testimonies of the prosecution witnesses credible and consistent, positively identifying Dianos as the perpetrator. His defense of denial and alibi was weak and could not prevail over the positive identification. The qualifying circumstance of treachery was present in the killings of Teresita Ortiz and Ricardo Pablo, as the attacks were sudden and unexpected, depriving the victims of any chance to defend themselves. The crimes were aggravated by nighttime and use of a motor vehicle. The Court modified the awards for damages: in each Murder case, the heirs were awarded P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as temperate damages; in the Frustrated Murder case, the victim Lizette Ortiz was awarded P30,000.00 as moral damages and P25,000.00 as temperate damages; in the Attempted Murder cases, each victim was awarded P15,000.00 as moral damages and P10,000.00 as temperate damages. Actual damages were awarded only for amounts duly substantiated by evidence.